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Towards the Effective Protection of LGBTI Persons Deprived of Liberty
6. Access to healthcare
Yogyakarta Principles on the Application of International Human
Rights Law in Relation to Sexual Orientation and Gender Identity
Principle 17: The Right to the Highest Attainable Standard of Health
“Everyone has the right to the highest attainable standard of physical
and mental health, without discrimination on the basis of sexual orientation or gender identity. Sexual and reproductive health is a fundamental aspect of this right.”
Principle 9 : The Right to Treatment with Humanity while in Detention
“Everyone deprived of liberty shall be treated with humanity and with
respect for the inherent dignity of the human person. Sexual orientation
and gender identity are integral to each person’s dignity.
States shall: […]
B
Provide adequate access to medical care and counselling appropriate to the needs of those in custody, recognising any particular
needs of persons on the basis of their sexual orientation or gender identity, including with regard to reproductive health, access
to HIV/AIDS information and therapy and access to hormonal or
other therapy as well as to gender-reassignment treatments where
desired;” […]
H
Adopt and implement policies to combat violence, discrimination
and other harm on grounds of sexual orientation, gender identity,
gender expression or sex characteristics faced by persons who are
deprived of their liberty, including with respect to such issues as
[…] access to and continuation of gender affirming treatment and
medical care […].”
The WHO defines health as state of complete physical, mental, and
social well-being, and not merely the absence of disease or infirmity. The enjoyment of the highest attainable standard of health
is a fundamental human right to which every person is entitled without distinction or discrimination of any kind. In prisons, detainees
ought to benefit from at least the same level of healthcare that is
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